A Section 482 Cr.P.C. petition for quashing a cognizance order under the FSS Act was dismissed as the applicant withdrew the petition and sought liberty to file a bail application before the trial court.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 28371 of 2021
Applicant :- Vipin Kumar And Anothers Opposite Party :- State Of U.P. And Anothers Counsel for Applicant :- Ramesh Kumar Shukla,Vivek Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioners, learned AGA and perused the record.
The present petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing the impugned cognizance order dated 29.03.2019 passed in Complaint Case No. 1094 of 2019, under Section 26(2/(ii&i), 3(1)(zx) 3(1)(zz) (v), 3(1)(zf) (A) (i)/51,52(i), 59 of FSS Act, Police Station Kotwali Nagar, District Ghaziabad against the applicants as well as entire criminal proceedings of Complaint Case No. 1094 of 2019, under Sections 26(2/(ii&i), 3(1)(x) 3(1)(zz)(v), 3(1)(zf) (A) (i)/51,52(i), 59 of FSS Act, Police Station Kotwali Nagar, District Ghaziabad pending before the Ist Additional Chief Judicial Magistrate-I, Ghaziabad.
After arguing at some length learned counsel for the petitioners submits that he does not want to press the petition and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another .
Learned A.G.A. has no objection to the prayer made by learned counsel for the petitioners.
On due consideration to the submissions of learned counsel for the parties', liberty is granted to the petitioners to move an
application for grant of bail before the trial court within fifteen days' from today and the same shall be decided within ten days', thereafter, in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra).
The petition is disposed of accordingly.
Order Date :- 12.4.2022
Ashish
Digitally signed by ASHISH MISHRA Date: 2022.04.12 13:49:37 IST Reason: Location: High Court of Judicature at Allahabad
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Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶7
Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another
Vipin Kumar And Anothers
Manish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
